Johannes de Jager

Case record: Johannes Christiaan de Jager

Status

Johannes Christiaan de Jager was sentenced to life in prison on May 27, 2014.

Timeline

• May 27, 2014 — Western Cape High Court acting Judge Chuma Cossie handed down three life sentences to run concurrently for the rape and murder of Hiltina Alexander and the murder of Charmaine Mare.
• May 22, 2014 — Johannes Christiaan de Jager declined to admit the murders when called to convince the Western Cape High Court to give him a lesser sentence.
• May 18, 2008 — Hiltina Alexander was last seen getting into De Jager’s white Ford bakkie; Alexander was later found dead with post-mortem findings that she was strangled.
• June 3, 2008 — Johannes Christiaan de Jager was arrested after Colin Jacobs reported the bakkie sighting.
• January 7, 2013 — Carol White, Kristen White and De Jager’s son went on a cruise, leaving Charmaine Mare and De Jager alone in the house.
• January 11, 2013 — The cruise group returned and Charmaine Mare was missing.
• January 14, 2013 — Charmaine Mare’s dismembered body was discovered; her torso was charred.
• April 30, 2014 — The Western Cape High Court judge who found De Jager guilty of Charmaine Mare’s murder stated it was inconceivable that he could plead guilty to dismembering the corpse without murdering the teenager.
• April 30, 2014 (sentencing proceedings noted) — Sentencing proceedings were provisionally set down for May 5, to determine availability of defence counsel.
• May 5, 2014 — Sentencing proceedings were provisionally set down for this date to determine availability of defence counsel.
• May 2014 (last month referenced) — De Jager was convicted of killing and raping 18-year-old sex worker Hiltina Alexander in 2008 and killing 16-year-old Charmaine Mare in 2013.
• November 19, 2013 — Testimony described the discovery of Hiltina Alexander’s body and De Jager’s arrest linked to testimony from Colin Jacobs.
• November 14, 2013 — De Jager pleaded guilty to two counts of defiling a corpse, denied murdering Charmaine Mare on January 11, and described the fall explanation in a plea explanation.
• November 13, 2013 — De Jager pleaded not guilty to raping and killing Hiltina Alexander and denied the murder.
• November 11, 2013 — The trial was set to start in the Western Cape High Court for two murders and related charges.

Background

Johannes Christiaan de Jager was 49 years old. He was a former motor mechanic. He lived with a partner and had a son.

Carol White lived with De Jager for four years. Kristen White was Carol White’s daughter. Charmaine Mare moved in with Kristen White after relocating from Mpumalanga. Charmaine Mare had come to Cape Town to visit her friend Kristen White, who lived with her mother, Carol, De Jager and his son, Nick.

The offence

Murder and rape of Hiltina Alexander

Johannes Christiaan de Jager was charged in relation to the death of Hiltina Alexander, 18.

• The State alleged that De Jager picked up Hiltina Alexander, 18, in Parow on May 18, 2008, raped her, and killed her.
• Volkwyn testified that he was called after a passer-by found Alexander’s body near the Frankdale informal settlement off the N7, and that he found forensic investigators and a police photographer combing the area.
• Volkwyn testified that Alexander was clothed in camouflage pants partially pulled down and a dark-coloured sleeveless top, and that her body was covered entirely with dry branches. When the body was turned over, he saw blood on the back of her head and on the grass and soil.
• Volkwyn testified that Alexander had been raped twice and murdered on May 18, 2008, and the testimony linked her death to Ruyterwacht mechanic Johannes de Jager.

De Jager admitted picking up Alexander in his bakkie but denied raping and murdering her. He said he dropped her at a flat in Parow for another man known only as Johan and denied raping and murdering her.

De Jager’s account included that he met a man called Johan at a bar in Parow on the night of May 18, 2008. De Jager said Johan wanted a prostitute. De Jager said he knew one and fetched Hiltina. He said they went to Johan’s sister’s flat in Parow, where they drank alcohol and smoked dagga. De Jager said he and Johan were drunk, he did not smoke anything because he said he did not use drugs, and he described weak memories due to passing out.

De Jager stated in a statement read out in court that Hiltina approached him for sex but he pushed her away. He said that at one stage he woke up and saw her and Johan sleeping in the bed. He said he left the flat and did not make contact with the pair again.

The State alleged that Alexander’s body was found next to the N7 highway in Philadelphia near Atlantis the next day, and post-mortem findings revealed she had been strangled.

Acting Judge Chuma Cossie found De Jager guilty of two counts of rape and of murdering Hiltina Alexander.

During sentencing arguments, Acting Judge Cossie addressed State witness Brigadier Gerard Labuschagne’s suggestion that De Jager was a serial killer, and Cossie said she agreed with counsel Sakkie Maartens that De Jager was not a serial killer.

Murder and dismemberment of Charmaine Mare

Johannes Christiaan de Jager was charged in relation to the death of Charmaine Mare, 16.

De Jager was introduced to Charmaine when the Mpumalanga teenager came to stay with her friend Kristen White. Kristen lived with her mother, Carol White, who was De Jager’s girlfriend, and De Jager’s son Nick.

The State alleged that:

• De Jager made repeated sexual advances toward Charmaine, which she rejected.
• The friend, the mother and De Jager’s son went on a cruise from January 7 to January 11, leaving Charmaine and De Jager alone in the house.
• When the group returned on January 11, Charmaine was missing.
• De Jager registered a missing person case with the police.
• Charmaine’s burnt body was found in bush in Kraaifontein.
• Her hands and feet had been cut off, with her hands later found in the garage and her feet found along the N2 near Firgrove, in Somerset West.
• Charmaine’s body was discovered in Kraaifontein on January 14, identifiable only by her tongue ring and necklace.
• A few days later, Charmaine’s torso was found on an open field in an isolated field and her lower legs and arms were found in separate locations and were in a state of decomposition, but not burnt.

De Jager pleaded not guilty to murdering Charmaine Mare on January 11 but admitted he cut off her arms and legs and burned her torso. In his plea explanation, De Jager said she must have died when she slipped on a bath mat and knocked her head against the edge of the bath. He said he panicked, took a foolish decision to take her body and hide it in a drain on the premises, believed he placed a corpse in the drain, and later cut off her limbs to remove the body. He admitted he dumped Charmaine’s torso in an open field in Kraaifontein and her legs on the N2 close to Firgrove.

Acting Judge Chuma Cossie found De Jager guilty of murder and two counts of violating a corpse and of theft, for stealing Charmaine’s cellphone. Cossie found the court was satisfied the State proved guilt beyond a reasonable doubt. The judge stated it was inconceivable how De Jager could plead guilty to violating a corpse and not to murder, and stated the state succeeded in proving guilt in the murder case.

Acting Judge Cossie also commented on the explanation for setting the body alight, stating:

“The explanation that was given to the court as to why he set the body alight was that he wanted to get rid of the body. That is very gruesome, to say the least, for a person who had no intention to kill anyone.”

The judge also stated De Jager had no regard for the young girl’s body and referred to her body as “it,” and said his actions were inconsistent with those of an honest person:

“He showed no respect for the deceased even after her death,” she said, adding that his actions were inconsistent with those of an honest person.

Investigation

Hiltina Alexander

Captain Michael Volkwyn testified that he was called after Alexander’s body was found lying face up, covered by leafy branches, in a secluded area near the Frankdale informal settlement off the N7.

Volkwyn said he traced Alexander’s mother to Elsies River and found her friends.

Colin Jacobs testified that he was instrumental in De Jager’s arrest on June 3, 2008. Jacobs testified that he was with Alexander, 18, shortly before she went missing and last saw her get into De Jager’s white Ford bakkie. Two weeks later, Jacobs saw the bakkie in Epping Avenue and called Volkwyn, who arrested De Jager.

Volkwyn also described taking a warning statement from De Jager a day after his arrest, saying:

“Because Hiltina was found in an area where prostitution is a problem, I wanted to make sure if De Jager was familiar with the area. That’s why I asked him specifically of the turn-off to Van Schoorsdrift Road (near Philadelphia), where he confirmed his brother stayed,” Volkwyn said.

Charmaine Mare

Police spokesman Frederick van Wyk said that a missing person’s poster for Mare had been placed less than 100 metres from the house that she had been staying in, in Elterman Street.

Arrest

Colin Jacobs was instrumental in De Jager’s arrest on June 3, 2008. Volkwyn arrested De Jager after the bakkie was seen in Epping Avenue and Jacobs called him.

De Jager’s arrest related to the missing person case and the discovery of Charmaine’s dismembered body.

Trial

Plea and defence position

De Jager pleaded not guilty to murdering Charmaine Mare and raping Hiltina Alexander. He also denied robbing Charmaine of her BlackBerry.

De Jager pleaded guilty to two counts of defiling a corpse relating to Charmaine Mare and denied murdering Charmaine Mare on January 11.

De Jager pleaded not guilty to raping and killing Hiltina Alexander and his lawyer Sakkie Maartens read out a document explaining De Jager’s position regarding unlawful vaginal and anal penetration of Hiltina Alexander and her murder. De Jager said he met Johan at a bar in Parow on the night of May 18, 2008, and that he and Johan were drunk.

De Jager admitted he picked up Alexander in Voortrekker road, Parow, early on May 19, 2008, and taking her back to the flat.

De Jager claimed Alexander fondled him while he drove, said she pushed for sex before he passed out and that he woke up and saw Johan and Alexander sleeping. He said he left the flat and did not make contact again.

De Jager said he did not use drugs and said Johan smoked dagga, according to his statement.

Evidence and findings at trial

Acting Judge Chuma Cossie found De Jager’s version of events regarding Hiltina Alexander was rejected because he could not give police a description of the stranger and could not identify the flat where he had last seen her.

Acting Judge Cossie found De Jager guilty of raping and murdering Hiltina. Regarding Charmaine Mare, the judge found the court was satisfied the State proved guilt beyond a reasonable doubt in the murder case, with evidence including efforts to burn the body and conceal the evidence.

The State argued that De Jager fabricated the story of the stranger and lied to the court and accused him of raping Charmaine and strangling her to prevent her from telling anyone. Prosecutor Romay van Rooyen claimed De Jager tried to destroy forensic evidence.

A pathologist’s report said Charmaine had no fatal head injuries and her death was due to an unknown unnatural cause.

Ellen du Toit and Hester “Hanti” Venter attended the proceedings on April 30, 2014 after taking a bus from Kriel to attend the judgment. They said they had raised Charmaine from the age of 3 to 10 in Kriel, Mpumalanga, cried as they spoke of relief that the case was finally over, and Du Toit stated:

“I’m relieved it’s finally over… may he have a very hard life in prison,”

The proceedings also had Carol White and Kristen White in court on April 30, 2014.

Sentencing

Sentence imposed on May 27, 2014

On May 27, 2014, acting Judge Chuma Cossie sentenced Johannes Christiaan de Jager to life imprisonment for the rape and murder of Hiltina Alexander and to life imprisonment for the murder of Charmaine Mare. The three life sentences were to run concurrently.

Cossie stated she took into account the personal circumstances of the accused, but agreed with the State that De Jager showed no signs of remorse during the trial and during mitigation of sentence. She also stated it was mindful that two young lives were violated and such lives cannot be replaced.

Cossie said:

“This court has taken into account the personal circumstances of the accused. However, it is in agreement with the State that the accused has shown no signs of remorse during the trial and during mitigation of sentence,” she said. “It is also mindful of the fact that two young lives were violated and such lives cannot be replaced.”

Cossie said that there were no substantial and compelling circumstances allowing her to deviate from prescribed minimum sentences.

Cossie also addressed brutality and punishment in society, stating:

“This kind of brutality is regrettably too a part of life in South Africa. Courts are expected to send out a clear message that such behaviour will be met with the full force and effect of the law,” she said. “The legislature is concerned about this and so too should we be.”

Regarding alcohol consumption, Cossie said she had kept in mind that alcohol consumption played a role in Alexander’s murder, as suggested by the defence, and that society expects offenders to be punished for such offences and, if possible, be totally removed from the community at large:

“Society expects that offenders such as this one before court today should be punished for such offences and, if possible, be totally removed from the community at large,” she said.

Regarding Mare’s murder, Cossie said De Jager abused the trust the Mpumalanga resident had in him, and described that instead of helping her look for work as promised and take care of her while her friend and mother were away, he used the opportunity to violate her and showed no remorse by denying that he killed her while only admitting he violated the corpse and nothing further:

“Instead of helping the deceased look for work as promised and take care of her while her friend and mother were away, he used the opportunity to violate her and showed no remorse by denying that he killed her, only admitting that he violated the corpse and nothing further.”

Additional sentences

Alongside life sentences, Cossie imposed six years in jail for dismembering Mare’s corpse and three months for stealing her cellphone.

Appeals

No appeal information was included.

Outcome

Johannes Christiaan de Jager was convicted of:

• Rape and murder of 18-year-old sex worker Hiltina Alexander.
• Murder of 16-year-old Charmaine Mare.
• Two counts of violating a corpse and theft for Charmaine Mare’s case. Acting Judge Chuma Cossie described De Jager’s guilt findings at the time of conviction.

Aftermath

Outside court on May 27, 2014, members of the Sisonke sex workers’ movement ululated and jumped for joy at the sentences. Some carried posters stating: “We demand justice” and “Decriminalise sex work now”.

National Sisonke organiser Duduzile Dlamini shouted that she was happy that De Jager was also regarded as human. She said many crimes had been committed against her on the street but she had not reported them because of trouble with police and the justice system, and stated:

“I've been in the industry many years. This (case) shows me that our voices are heard now and I'm going to motivate my colleagues to go back and review their cases.”

In the days before sentencing, De Jager was described as dressed in jeans, a checked shirt, and blue jersey. He smirked as the sentence was handed down, leaned against the dock in a relaxed manner, and looked around at the people in court.

De Jager’s partner, Carol White, said she would never forgive him. She stated:

“I will never forgive him. She didn’t deserve it.”

Carol White described messages that Charmaine sent while they were on a cruise. She said:

“I would never have left her alone if I knew what was going on,” she said.

Carol White also stated that in the heat of an argument, De Jager had told her “if I can’t have you no one else will”, and she said she did not make anything of it. She also said she believed he tried to sleep with her and that she ran away:

“You never expect a person to do that (kill someone) … I thought that he tried to sleep with her and that she ran away,” White said.

Carol White described her feelings as:

“I was so naïve, so stupid,” she said angrily.

Carol White said she often blamed herself for what had happened, wondered why she never noticed that the man she loved was capable of a cold-hearted killing, and said she had not spoken to De Jager since his arrest, despite him trying to make contact several occasions to beg for forgiveness. She said she refused his calls and left her job of 18 years to move out of the city and start afresh, stating:

“I was like a zombie. Have you ever felt that you don’t want to live?”

At sentencing arguments, De Jager told the court he was sorry she was dead but he did not do it. Prosecutor Romay van Rooyen asked questions about apologising and De Jager responded:

“I am sorry she is dead but I did not do it.”

When asked about Mare, De Jager responded:

“As I said, she is dead as a result of me but it was an accident in the house.”

De Jager added that he was not a danger to women because he had never raped anyone.

De Jager’s lawyer Sakkie Maartens made arguments in closing about remorse and the appropriateness of using absence of remorse as an aggravating factor, including:

“It would have been first prize if Mr De Jager today took the stand and made a U-turn and confessed his sins and asked for mercy,” he said.
and: “He stands by his version. In this regard, I want to submit that the court will be careful not to use the absence of remorse as an aggravating factor.”

Maartens also stated life imprisonment minimums and that since De Jager was found guilty of the 2008 crimes at the same time as Mare’s crimes, the crimes could not count as a previous conviction, and that Mare’s murder could not attract a life sentence. Maartens also stated life priorities and society’s message, saying:

“Life is sacrosanct and no ways is Hiltina's life cheaper than the interpreter's,” he said.
“Society needs to get the message that prostitutes or no prostitutes, 1/8women 3/8 must feel free to walk the streets without forever being in fear that some evil-doer might pounce on them.”

Maartens asked the court to consider De Jager was not “all evil” and had stayed out of trouble for a lengthy period of his life. The defence also suggested the crimes were not premeditated but committed “in the heat of the moment”. Maartens also told the court:

“I implore the court to consider that despite his callous conduct pertaining to Charmaine's body, that there is something to save, salvage, and rehabilitate.”

Maartens reminded acting Judge Chuma Cossie that courts should never punish in anger and described De Jager asking for observation at a psychiatric hospital despite not being aware of any mental illness.

De Jager was described as being in Pollsmoor Prison and expected to be in court for sentencing.

Other details

Places mentioned

• Cape Town
• Western Cape High Court
• Table Bay harbour
• Windsor Park, Kraaifontein
• Kraaifontein
• Mpumalanga
• Kriel, Mpumalanga
• Parow
• Voortrekker Road (Parow)
• V&A Waterfront
• Epping Avenue
• Elsies River
• Philadelphia near Atlantis
• N7 highway near Frankdale informal settlement (near Frankdale informal settlement off the N7)
• Firgrove
• N2 highway near Firgrove (Somerset West)
• Elterman Street (where Charmaine stayed)
• Somerset West
• Ruyterwacht
• Pollsmoor Prison
• Mpumalanga resident’s address described as a Mpumalanga resident

Victims and relationships

• Hiltina Alexander, 18 (sex worker)
• Charmaine Mare, 16
• Carol White (mother figure in the household and girlfriend of De Jager)
• Kristen White (Carol’s daughter; Charmaine’s friend)
• Nick (De Jager’s son)
• Duduzile Dlamini (National Sisonke organiser)
• Ellen du Toit and Hester “Hanti” Venter (raised Charmaine from age 3 to 10 in Kriel, Mpumalanga)

Charges and counts mentioned

• Two counts of rape for Hiltina Alexander
• Murder for Hiltina Alexander
• Murder for Charmaine Mare
• Two counts of violating a corpse for Charmaine Mare
• Theft (stealing Charmaine’s cellphone) in Charmaine Mare’s case
• Dismemberment of Mare’s corpse (reflected in the sentencing for dismembering the corpse)
• Involvement in defiling a corpse was connected to De Jager’s guilty plea to two counts